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April 25, 1984

Milton Cristopher Co. Ltd.

c/o Mrs. Carmen G. Loot
32 S. Estrada St.
Tierra Bella Subd.
Diliman, Quezon City

In connection with the articles of partnership of the proposed Milton Cristopher Co. Ltd., please be
informed that the same cannot be given due course in view of the prohibition of inclusion of surname of
a limited partner in the partnership name under Article 1846 of the Civil Code of the Philippines, which
provides, as follows:
"ARTICLE 1846. The surname of a limited partner shall not appear in the partnership name
(1) It is also the surname of a general partner, or
(2) Prior to the time when the limited partner became such, the business had been carried
on under a name in which is surname appeared.
A limited partner whose surname appears in a partnership name contrary to the provisions of the first
paragraph is liable as a general partner to partnership creditors who extend credit to the partnership
without actual knowledge that he is not a general partner." (emphasis supplied)
Although the law prohibits only the use of "surname" we cannot allow the inclusion of the "first name"
of the limited partner in the instant case as its inclusion would have the same misleading effect that the
"limited" partner is a "general" partner since Milton Cristopher and Milton Cristopher Fitch are one and
the same person.
In view thereof, it is advised that the partnership name be changed. Pending compliance herewith
action on your papers will be held in abeyance.

Very truly yours,

Associate Commissioner